On top of all that, the perceived threat must be reasonable for self-defense to be reasonable as well. If a person approaches you with a knife, it is reasonable to believe that they intend to hurt you, so the use of pepper spray or sledgehammer would be an appropriate method of self-defense. On the other hand, if someone bumps into your shoulder in passing, it might be unreasonable to think they`re trying to attack you, so using pepper spray or mace wouldn`t be appropriate. If you are being prosecuted for acts that you believe constitute self-defense, contact Atlantic City defense attorneys now. Check with your local law enforcement agency for specific laws regarding the possession and use of pepper spray products in your city or county. New Jersey: Only containers of 0.75 ounces or less are legal in the state of New Jersey. Alternatively, if you`re 18 and not a criminal, it`s legal to buy pepper spray. NEW YORKThe doesn`t matter with restrictions. The possession of “self-defence sprays” by persons who are not criminals or who have been convicted of assault, as young as 18, for the protection of persons or property and their otherwise lawful use is legal.
“Self-defense spray” is defined as “a pocket sprayer containing and releasing a chemical or organic substance intended to cause temporary physical discomfort or disability by spraying or emitting it into the air, or a similar device containing tear gas, pepper spray or a similar disabling agent.” There are certain labelling requirements. The sale requires both a seller`s license and the completion of a registration form by a buyer. New York residents are only permitted to purchase defense sprays from licensed firearms dealers or licensed pharmacists in that state. No more than two sprays can be sold to the same buyer at the same time. Subsections 265.25 (14) and (15). Currently, 13 states have specific requirements for their pepper spray laws. Washington D.C. is also included in this list.
It is generally legal to carry pepper spray in public. However, there are some cases when pepper spray must remain hidden or prohibited in various buildings and facilities. Article 36 of the Penal Code allows anyone to wear a “pepper leg” as an “appropriate precaution against the identified danger”. There does not appear to be a provision on other self-defense sprays. Pepper spray is legal in all 50 states, but some states have conditions and restrictions. In Washington, pepper spray can be worn by 14-year-olds if they have parental permission. If you carry pepper spray or sledgehammer because you intend to use it to commit a crime, you may be charged with possession of a weapon for an illegal purpose under section 2C:39-4 of the N.J.S.A. This law applies to weapons of all types, including firearms, explosives and self-defence tools. If your charges involve pepper spray or mace, you could be charged with a third-degree felony. Massachusetts: You can`t send pepper spray to the state if it`s meant to be used against humans.
You can send pepper spray designed against animals by mail. Alternatively, if you are 18 years old and not a criminal, you can buy and use pepper spray. FLORIDALequal. Chemical self-defense sprays are legal. They are defined as “a device worn solely for self-defense, compact, intended to be worn on or around the person, and containing no more than two ounces of chemicals.” Section 790.001. While it may seem superfluous, there is an explicit prohibition on using chemical sprays against a law enforcement officer. Section 790.054. Michigan: The container of pepper spray should not exceed 1.2 ounces. In addition, pepper spray should not contain more than 18% oleoresin capsicum or OC, which is one of the most common substances in pepper spray. In addition, it must not contain more than 1.4% MC. For example, some states have certain circumstances where people can wear pepper spray just because of their own: According to California Penal Code 12403.7, people prohibited from purchasing, possessing, or carrying pepper spray are: Contact our law firm today for a free consultation when our team listens to all aspects of your case and guides you through your legal options. New York: The restrictions are identical to those in Massachusetts. They cannot ship pepper spray into the state from outside the state border if it is intended for use against humans.
However, if they are designed to be used against animals, shipping is legal. Alternatively, if you are 18 years old and not a criminal, you can buy pepper spray in the state. For example, if someone corners you with a knife and threatens to hurt you if you don`t comply with their requirements, the use of pepper spray could be justified. The pepper spray or sledgehammer is probably proportional to the threat posed by another dangerous weapon. Let`s say someone approaches you instead and calls you an offensive name. The use of pepper spray, mass or other forces may not be appropriate and cannot be considered self-defense. Right now, all 50 states and Washington DC enforce these laws without excuses. Anyone caught with pepper spray in a prohibited area should expect penalties and fines.
WISCONSINLit doesn`t matter with restrictions. Tear gas is not allowed. A “device or container containing a combination of oleoresin from paprika and inert ingredients” is allowed. Under the regulations, CB products with a maximum CO concentration of 10% and a weight range of oleoresin from paprika and inert ingredients of 15 to 60 grams are permitted. That`s 1/2 oz. and 2 oz. Sprays. In addition, the product cannot be camouflaged and must have a safety device that prevents accidental discharges. Units must not have an effective range of more than 20 feet and must have an effective range of six feet. In addition, there are certain labelling and packaging requirements: must indicate, cannot be sold to persons under the age of 18, and the manufacturer`s telephone number must appear on the label. Devices must also be sold in sealed, tamper-proof packaging.
Wisconsin Statutes Section 941.26 and Justice Regulations 14.01 et seq. In general, there are very few restrictions on pepper spray or mace in New Jersey. Although they are legally classified as weapons, it is legal to carry them as long as you are at least 18 years old and have a clean criminal record. Failure to comply with certain restrictions may result in criminal charges. In addition, the use of clubs or pepper spray during the commission of a crime can be treated in the same way as the use of a dangerous weapon. Alaska: This state does not allow pepper spray to be transported inside a school unless the person is at least 21 years old. This is probably the least of all restrictions on the use of pepper spray by states that have established restrictions. Below are the pepper spray laws for each state. It is guaranteed that everyone is true according to the best information available; However, those who want to buy or wear pepper spray should always check local, state, and federal laws.
Normally, possession of certain firearms in New Jersey would be a crime, including mace and pepper spray. However, as mentioned above, an exception is made for adults with no criminal record who carry no more than 0.75 ounces of pepper spray or mace. However, there may be other circumstances in which criminal charges may be laid against you in relation to pepper spray or mace. The products we sell are legal to possess in Minnesota, and the law states that an individual may possess and use permitted pepper sprays or tear gas compounds fueled by an aerosol container. There are restrictions on use by minors, as it is illegal for anyone under the age of 16 to possess or use tear gas or pepper spray. No one under the age of 18 owns or uses an electronic disability device (e.g. stun gun). In addition, it is illegal for anyone to use tear gas, pepper spray or an electronic disability device against a peace officer. Wisconsin: 2 ounces is the limit for pepper spray containers in the state of Wisconsin. In addition, pepper spray should not contain more than 10% oleoresin paprika or OC.
Pepper spray is legal in New JerseyLegal with restrictions. Any non-criminal over the age of 18 may, in self-defense, possess “a handheld device in New Jersey that does not contain or release more than three-quarters of an ounce of a chemical that cannot normally be used fatally or cause serious bodily injury, but is intended to produce temporary physical discomfort or disability by vaporization or other airborne release.” Section 2C:39-6i. Zarc Key Guard pepper spray is legal in New Jersey Florida: The Sunshine State limits the size of pepper spray containers to no more than 2 ounces. Otherwise, the restrictions are the same as in most other states.